Can Insurance Companies Repair Damage Instead Of Paying Out Cash In Orlando?
The “option to repair” is a common clause in Florida property insurance policies, and it allows insurers to avoid paying out cash settlements in many cases. But are these clauses sometimes unenforceable? This is a common issue for insurers, as many homeowners prefer cash payouts. A recent case in Florida provides some degree of optimism for insurers, especially those who work with experienced insurance defense attorneys in Orlando. Insurance Company Wins Appellate Victory Over “Option to Repair” In May of 2025, Insurance Business reported that a major insurer in Florida had won an important appellate victory. This case revolved around the insurer’s “option to repair” roof damage – a common issue that all Florida insurers are undoubtedly familiar with. Although the specific wording of most policies describes this as an “option” to repair, insurers actually have the “right” to repair. This is something that the recent appellate decision clearly affirms. The dispute began when a couple in Florida incurred roof damage and filed a claim. Their insurer exercised its right to repair, instructing the couple to let a contractor fix the roof. They also told the couple to pay their deductible directly to the contractor. However, the couple refused to comply. They pointed out that the contractor lacked a roofing license and argued the insurer violated their agreement by failing to disclose this fact. The insurance company sued, but the couple claimed victory at the trial court level. The trial judge decided that if the couple had allowed the contractor to fix their roof, they would have been guilty of allowing illegal work on their home. Florida’s Second District Court of Appeal disagreed with this decision and reversed it. A closer look at the relevant laws revealed that there was nothing wrong with allowing a general contractor to manage roofing repairs. As long as they subcontracted the work to a licensed roofing crew, this would have been perfectly legal. In addition, the appellate court found that the insurer had no legal obligation to disclose whether the contractor had a roofing license. Their only real requirement was to “instruct” the contractor to reveal their licenses, which the insurer did. This decision is a major win for all insurers in Florida, reinforcing the right to repair. Insurers may face pushback from homeowners who would rather receive cash settlements, but they should be able to enforce these managed repairs without major issues. Can an Insurance Defense Attorney in Orlando Help My Organization? If your policyholder is pushing for a cash payout instead of allowing you to exercise your “option to repair” clause, you might want to contact an experienced insurance defense attorney in Orlando. These legal professionals can help you pursue appellate victories with confidence, regardless of the specific dispute in question. Contact HD Law Partners today to learn more about your next steps. Sources: insurancebusinessmag.com/us/news/claims/peoples-trust-wins-florida-appeal-in-managed-repair-dispute-with-homeowners-535304.aspx states.repair.org/states/florida/ Posted in Insurance Defense | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us